The ruling comes in the wake of two contempt petitions filed against the state government for not framing recruitment rules for co-operative judges despite a BHC order. On March 7 this year, the government was given clear directions to frame the rules as per a constitutional mandate. Pulling up the state government for lack of implementation today, the court also issued contempt notices to officials of the state co-operation and textile department, including minister Jayprakash Mundada, asking as to why action should not be taken against them for not following the court directive.

There are around 23 co-operative courts and four co-operative appellate courts in the state. Of these, 18 have stayed vacant since July 3, 1998. The orders directing the judges to temporarily take over asco-operative judges have to be passed not later than August 10. Also, the chief secretary has been asked to remain present for the next hearing on August 11. The contempt petitions were filed by K R Prabhu Desai from Mumbai and Madhav Karmarkar from Pune. They alleged that the state government was neglecting its duty towards co-operative courts, inconveniencing litigants. Despite the March 7 order to frame new rules, the government insisted on implementing the recruitment rules, which were drafted much earlier. According to the court, the new rules will cleanse the process of recruitment of co-operative judges, which is currently afflicted by ``lobbying and currying favour with the government for postings, promotions, transfers and extension of service of the co-operative judges''.

The court had earlier ordered that till the rules are framed, - within two months from March 7 - no ad hoc appointments will be made by the government.